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PART 36 : THE COURT’S APPROACH FOLLOWING DISCLOSURE OF EXISTENCE OF AN OFFER

By Catherine Duffy INTERACTIVE TECHNOLOGY CORPORATION LTD V FERSTER [2017] EWHC 1510 Judgement  – 22 June 2017 CPR r36.16 Mr Justice Morgan held that the existence of Part 36 offers by the defendants meant that the costs after a preliminary hearing had to be reserved to the end of the case.   The fact that […]

Potholes Galore!

By John Collins   Crawley v Barnsley MBC [2017] 1WLR 2329 may well have surprised both local authorities and those who follow the law reports. It strikes one as very much a decision on its own facts and typical of the numerous cases which these days clutter the Lexis reports.  If it does indeed state […]

Summary judgment – you can’t just hope for the best; Dodd v Raebarn Estates Ltd and others [2017] EWCA Civ 439

By Peter Yates In Dodd v Raebarn Estates Ltd and others [2017] EWCA Civ 439 the Court of Appeal gave brief but useful guidance on the correct approach to summary judgment applications. Paul Dodd, who had been staying in a flat in London, went to go downstairs. As he was walking down the stairs he […]

HOW DOES THE COSTS BUDGET AFFECT THE FINAL BILL? – COURT OF APPEAL PROVIDES GUIDANCE IN HARRISON

By Colin Richmond   Recent uncertainty as to how a costs budget impacts on the final bill in relation to both incurred and estimated costs has, to some extent, been resolved by the judgment in Harrison v University Hospitals Coventry & Warwickshire NHS Trust [2017] EWCA Civ 792. The judgment provides some clarity following not […]

FRAUD – NO FREE PASS FOR GETTING JUDGMENT SET ASIDE

By Bronia Hartley   Takhar v Gracefield Developments Ltd & Ors [2017] EWCA Civ 147 Headline: In applying for judgment to be set aside on the basis of fraud, a party must establish that the evidence of fraud was not available at the time of the trial and could not have been discovered with reasonable […]

ADVICE FROM THE TOP…UPCOMING TALKS WITH MEDICAL EXPERTS

By Catherine Duffy   Following the success of our recent talk ‘Cancer, Causation and the Courts’ with Consultant Oncologist Andrew Proctor and speakers Gordon Exall and Helen Rutherford, our series of talks showcasing medical experts continues. Venue: Radisson Hotel, No.1 The Light, The Headrow, Leeds, LS1 8TL                 […]

Zenith Chambers PI Wine and Wisdom Seminars 2017

By Justin Crossley The below Wine and Wisdom events will be held at the Radisson Hotel, No.1 The Light, The Headrow, Leeds, LS1 8TL and will cost £25 each. The events will be from 4:00pm-6:00pm (Registration from 3:30pm).  If you are interested in attending any of the below events please email our Marketing Administrator who […]